Caregiver Liability: When Kids Run from Foster Care

runaway.jpgThe National Runaway Switchboard reports that between 1.6 and 2.8 million youth run away each year. It also reports that there has been “a significant increase in the number of crisis calls identifying abuse or neglect as a reason for the call, with abuse calls up 33 percent and neglect calls up 54 percent between 2005-2008″ (National Runaway Switchboard Crisis Caller Trends, 2009, p. 2).

Youth in out-of-home care often choose conduct that does not ensure their own safety. They elope from foster homes, group homes, or other residential settings at an unknown rate. When children are known risks for eloping a court may find that it is the legal duty of the caregiver to take all prudent means to take appropriate preventative measures.

Instinctively, we are aware of the links between youths running away in general and youths eloping from out-of-home care. Social science research has made significant progress in describing runaway youth in general (Martinez, 2006; Sanchez, Waller, & Greene, 2006), but has made minimal inroads in accurately describing the phenomenon of youth eloping from out-of-home care.  Similarly, while federal laws and conventions exist to address runaways and missing children, scant legislative attention has been paid … Read More... “Caregiver Liability: When Kids Run from Foster Care”

Child Abuse Investigations: Good, Bad or Ugly?

abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative and search and seizure powers, much greater than that of police, that can … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

Take the “Gimme” out of Christmas!

giftgiving.jpgI haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.

In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

This year we visited a local church hosting an Alternative Holiday Gift Giving event. This is a new concept for us. … Read More... “Take the “Gimme” out of Christmas!”

New Law Protects Teens from Dating Harassment and Violence

teenlaw.jpgIn 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  The law is designed to allow a minor to go to his or her local juvenile court to obtain a protection order in certain situations.  A teen who is the victim of harassing, stalking, or threatening behavior by another teen, now has the option of going to court … Read More... “New Law Protects Teens from Dating Harassment and Violence”

Coping with Difficult Behavior

diff_beh.jpgThroughout life, we sometimes encounter difficult people. We may argue with them, fall silent, comply or take distance. In a divorce, particularly an acrimonious one, difficult behaviors abound. No one is on their best behavior under this amount of stress. Figuring out how to cope with difficult behavior is a bit easier once you can identify why a person behaves in a certain way and what he/she hopes to accomplish. Here is a list of the most common behaviors that frustrate us all and suggestions for dealing with them:

The Bully – uses temper tantrums to overwhelm you; makes insulting and cutting remarks. Needs to feel superior and not lose control of the situation. Wants to get his/her own way.

*Stand up, listen, do not attack back, and take time-outs. Keep to the agenda.

The Complainer – gripes about everything incessantly. Needs to keep looking like a victim, does not take any responsibility, tries to bring others down to make her/himself look/feel better.

*Listen. Try to pin down specific complaints. Offer no apology. Ask, “How do you think we could fix this?”

The Silent Type – the most response you get is “nope,” “maybe,” and “I don’t know.” Needs to Read More... “Coping with Difficult Behavior”

Concerned About How Your Children are Coping? Here is a Valuable Resource!

kidscent.jpgI am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. Kids’ Turn Central was a new find for me, but probably not for many parents and teachers. Wendy Hogan has cleverly integrated a plethora of diverse material, games and activities that are fun, safe and educational for children, including some cool “clipart”, into the website. She launched Kids’ Turn Central in September of 2001.

The page that I wanted to bring to your attention lists numerous books, child rights organizations, and other resources focused on children of divorce. With Wendy’s permission, below is a sample of its content. It is worth your time to check her website out thoroughly! I’ll bet that you will find material that will be both beneficial and fun, too!

It’s a fact. Every year millions of kids must go through parents divorcing.

If your parents are happily married you probably have at least one friend who has divorced parents.

The resources below are meant to assist both kids going through divorce – and kids who want to help understand what a friend might be going through.

Divorce Sites for

Read More... “Concerned About How Your Children are Coping? Here is a Valuable Resource!”

In Camera Interviews of Children in Divorce Court

camerain.jpgWhat is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  This is an inquiry in which the court hopes to hear not only the words but the music of the various relationships.”  Dempsey v. Dempsey, 96 Mich. App. 276, 289 (1980).

What is the goal of an in cameraRead More... “In Camera Interviews of Children in Divorce Court”

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